The Office of the United Nations High Commissioner for Human Rights (OHCHR) expressed [8] concern on April 11 over the legality of recent Israeli evacuation orders under international humanitarian law, citing fears over the permanent displacement of Palestinians from the Gaza Strip.
Since resuming hostilities on March 18, Israel has issued 21 "evacuation orders." On March 31, the Israeli military issued an order covering almost all of Rafah, the Strip's southernmost governorate, followed by a large-scale ground operation in the area. Tens of thousands of Palestinians were already reportedly trapped in Rafah, with no way out and no access to humanitarian aid.
According to the OHCHR statement, while Israel "can lawfully order the temporary evacuations of civilians in certain areas under strict conditions," the nature and scope of such orders raises concerns over whether the Israeli leadership has intentions of forcibly transferring civilians out of Gaza, breaching the Fourth Geneva Convention and the Rome Statute.
Article 49 of the Fourth Geneva Convention stipulates [11] that individual or mass forcible transfers and the deportation of protected persons from an occupied territory are prohibited, regardless of the motive. Moreover, Articles 7 (1) (d) and 8(2)(b)(viii) of the Rome Statute state [12] that "deportation or forcible transfer of population" without grounds under international law are considered war crimes and crimes against humanity.
The OHCHR also raised concerns about the targeting and killing of Palestinian journalists, citing the deaths of more than 200 journalists in Gaza since October 2023. According to Article 79 of the Geneva Conventions, Additional Protocol I, journalists working in areas of armed conflict must [13] be considered civilians and, therefore, protected.
According to [14] to the International Crisis Group, if Israel's offensive continues, it "will further render Gaza uninhabitable, increase the risk of famine and again raise the spectre of Palestinians' forced displacement from the strip," triggering grave consequences for the whole region.
US President Donald Trump has, since resuming office in January, unequivocally stated that Gaza should be "emptied," and has repeatedly shared plans [15] for the US to take over the Strip.
From JURIST [16], April 13. Used with permission.
See our last report [17] on the "transfer" plan and genocide accusations against Israel.
